The prosecutor's appeal is dismissed.

1. In light of the statutory penalty of the instant crime, the area of the mountainous district damaged by the Defendant, and the criminal records of the Defendant’s same kind of crime, the sentence imposed by the lower court (a fine of three million won) is too uneased and unreasonable.

2. The judgment of this case is that the defendant illegally diverted the area of 7,105 square meters of forest land by cutting off the forests where the trees were planted at night without obtaining permission for mountainous district conversion, and considering the legislative intent of the Mountainous Districts Management Act aimed at promoting the sound development of forestry and preserving the environment of national land, the crime is not less complicated. On August 24, 2004, the defendant was punished as a violation of the Forestry Act (4 years of imprisonment) by the Gwangju High Court on the following grounds: (a) on the other hand, the defendant recognized the crime and erred; (b) the defendant seems to have endeavored to a certain extent to restore the original state by planting the trees again in the forests where the form and quality were altered illegally; (c) the defendant was deemed to have never cut the surrounding areas where the trees were planted for the purpose of planting them with miscellaneous trees; and (d) the defendant's argument that the punishment of this case is unreasonable after considering the following circumstances: (d) the circumstance and circumstances of the defendant's previous crime in the course of the crime of this case; (e.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.